Rochester, MI – Carol Beth Litkouhi, an elected trustee on the Rochester Community Schools Board of Education, has filed a lawsuit challenging a newly revised bylaw that restricts what trustees may say publicly. The suit names the Rochester Community Schools District and the individual trustees, acting in their official capacity, who voted to censure Litkouhi. The Mackinac Center Legal Foundation filed the challenge on Litkouhi’s behalf, arguing that the bylaw is unconstitutionally overbroad and violates her First Amendment rights.

The case stems from Oakland County’s consideration of a new county-wide millage. While several districts openly discussed the proposal with their communities, Rochester’s superintendent and school board directed trustees to support the millage and withhold this information from the public. Believing her constituents had a right to know about a potential tax increase, Litkouhi authored an op-ed for The Detroit News.

In retaliation, the school board accused her of disclosing confidential information — without ever identifying what was confidential — and voted to censure her and remove her from all committees. Litkouhi retains her voting rights as a board member.

“I ran for this office because I care deeply about our community and our schools,” said Carol Beth Litkouhi. “Silencing trustees only hurts the families we’re supposed to serve. I will always choose openness over secrecy, because the people who elected me deserve transparency from their officials.”

The lawsuit asserts that elected officials have a constitutional right to speak openly with the people they represent. Taking office does not erase an official’s free speech rights, and trustees must be able to communicate honestly with their constituents. Public office does not require surrendering free speech rights, and trustees must be free to discuss matters of public concern.

“Elected officials do not surrender their First Amendment rights when they take office,” said Derk Wilcox, senior attorney at the Mackinac Center Legal Foundation. “Rochester’s policy attempts to silence trustees and keep their constituents in the dark about decisions that directly affect them.”

Litkouhi v. Rochester Community Schools District was filed in the 52nd District Court of Oakland County.

To arrange an interview with Carol Beth Litkouhi and Derk Wilcox, contact AnnMarie Pariseau at pariseau@mackinac.org or 734-718-1487.